[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Offensive annoyances which are discomforting or detrimental to the health or public welfare of individuals or the public shall constitute nuisances. Nuisances under this Article are unlawful to create and/or maintain as set forth below and include, but are not limited to, those acts defined in Section 215.040 through Section 215.270.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
The carrying on, permitting, maintaining, continuing or allowing
of any act, omission or condition upon a lot or ground within the
boundaries thereof which creates, causes or contributes to a condition
declared to be a nuisance upon some other lot or ground shall constitute
a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010; Ord.
No. 3704 §1, 9-15-2015]
It shall be unlawful for any person who shall be the owner,
tenant, occupant or person in control of any lot or ground, or in
the case of joint tenancy, tenancy by the entireties or tenancy in
common, each owner, occupant or person in control thereof or the agent
of any such person(s) having care of any lot or ground, to carry on,
maintain, permit, continue or allow any acts, omissions or conditions
declared to be a nuisance as defined in this Article upon such lot
or ground within the boundaries thereof which creates or contributes
to a nuisance under the provisions of this Article.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010; Ord.
No. 3532 §1, 9-4-2012]
A.
All
premises and exterior property shall be maintained free from weeds
or plant growth in excess of ten (10) inches. All noxious weeds shall
be prohibited. Weeds shall be defined as all grasses, annual plants
and vegetation, other than trees or shrubs, provided however, this
term shall not include cultivated flowers and gardens.
Exception: Weeds and/or vegetation shall be
allowed to grow to any height on a lot or tract of ground as long
as the weeds and/or vegetation, within twenty-five (25) feet of all
property lines and structures, is not allowed to exceed the maximum
height of ten (10) inches.
B.
Vegetation
shall not interfere with the passage of motor vehicles, bicycles and/or
pedestrians upon any public right-of-way by blocking, screening or
obscuring the sight distance of the drivers of such vehicles, the
driver's ability to observe vehicular traffic at or near any side
street, intersection, driveway entrance or other point from which
vehicular or pedestrian traffic may enter upon or cross any street
or other public right-of-way or the sight distance and/or ability
of any pedestrian to observe vehicular traffic before entering or
crossing any street or other public right-of-way.
C.
Poison
ivy, poison oak and poison sumac at any height or stage of maturity
shall be considered as noxious.
D.
Whenever
private property abuts a public right-of-way or easement and there
exist in such right-of-way or easement a tree, lawn or grassy area
between the private property and the edge of the street pavement,
then such tree, lawn or grassy area shall be considered, for the purpose
of this Section only, to be part of the private lot which abuts the
right-of-way or easement, and it shall be the duty of those responsible
under this Section for maintenance of the private lot that abuts the
right-of-way or easement area to equally maintain the tree, lawn or
grassy area within the abutting right-of-way or easement.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Carcasses of animals not buried, destroyed or removed within
twelve (12) hours after death shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
A.
The
erection, continuance or use of any building, room or other place
in the City for the exercise of any trade, employment or manufacture
which by occasioning noxious exhalations, offensive odors discomforting,
offensive or detrimental to the health of individuals or of the public
shall constitute a nuisance.
B.
Dense
smoke, noxious fumes, gas and soot or cinders in unreasonable quantities
or the presence of any gas, vapor, fumes, smoke, dust or any other
toxic substance on, in or emitted from the equipment of any premises
in quantities sufficient to be toxic, harmful or injurious to the
health of any employee or to any premises occupant or to any other
persons shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Any material gathered in cleaning yards or waste of mills or
factories or restaurants or other commercial establishments or any
rags or damaged merchandise or wet or broken or leaking barrels or
casks or boxes or any materials which are offensive or tend by decay
to become putrid or to render the atmosphere impure or unwholesome
found upon any lot or piece of ground shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Any stable, stall, shed or compartment or any yard or appurtenance
thereof in which any animal or fowl shall be kept or any place in
which manure or liquid discharges of such animals shall collect or
accumulate and which stable, stall, shed or compartment or any yard
or appurtenance thereof is not kept in a clean and wholesome condition
so that no offensive smell shall be allowed to escape therefrom shall
constitute a nuisance. Nothing in this Article shall be so construed
as to include manure deposits upon any private property for the purpose
of cultivating such property or the normal storage of manure on a
farm for agricultural purposes.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
A.
The
accumulation or existence upon any premises, lot or parcel of ground
of any material of any kind which could or would become offensive
to human beings or detrimental to health or which by its existence
constitutes a rat infestation or conditions conducive to rat infestation
shall constitute a nuisance.
B.
A "rat infestation" will be deemed to exist upon a showing
of the actual presence of rats. Conditions conducive to rat infestation
will be deemed to exist when conditions favoring the multiplication
or continued existence of rats are present or when conditions providing
shelter, protection or food for rats are present or when there is
any evidence indicating the presence of rats.
C.
Similarly,
all infestations of flies, fleas, roaches, lice, ticks, rats, mice,
fly maggots, mosquito larvae and hookworm larvae shall constitute
a nuisance.
D.
Unlicensed
dumps shall constitute a nuisance.
E.
Acts
of nuisance shall include but are not expressly restricted to the
owner, occupant, lessee or the agent of any owner, occupant or lessee
of lots, parcels or areas within the City permitting the premises
to become unsanitary or a fire menace by allowing any offensive or
unsafe matter to grow, accumulate or otherwise occupy and remain upon
such premises.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
The throwing or depositing or causing to be deposited in any street, alley or other public place or on any private property of any offensive matter described in Section 215.090 or causing or permitting such matter to collect or remain in any place to the prejudice or annoyance of others shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
The standing of vehicles which are laden with any offensive matter described in Section 215.090 anywhere in the City for a period of time longer than reasonably necessary for loading and unloading shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Any unclean, stinking, foul, odorous or filthy drain, ditch,
tank or gutter or any leaking or broken garbage or manure box or receptacle
of like character shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
The throwing or depositing or causing to be deposited into any
sewer inlet or fixture which has a sewer connection, any article whatever
that may cause the sewer to choke up or otherwise interfere therewith
shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
A.
Any
water leakage, seepage or moisture in any cellar, basement or part
thereof of any house or building occasioned by leakage from defective
hydrants, water pipes, sewer pipes, cisterns, wells, gutters, drains,
rain spouts or seepage from the surrounding earth shall constitute
a nuisance.
B.
The
accumulation upon any premises, lot or parcel of ground or the discharge
thereof upon any public street, alley, sidewalk or other public place
or upon any private property of urine, liquid waste from stables,
swill, water from privy vaults, wastewater, filthy wash water or any
foul or nauseous liquid waste of any kind whatever shall constitute
a nuisance.
C.
The
disposing of any waste or sewage not in compliance with this Code
or the failure in any way to comply with the requirements of this
Code shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Any accumulation, whether in a pond, pool or manmade vessel
of any kind whatsoever, of unwholesome, impure, stagnant or offensive
water found upon any lot or piece of ground shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Any open, uncovered or unprotected well or cistern on any premises
or any well or cistern containing water which an analysis discloses
to be impure or unwholesome in nature shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
A.
The
existence of any water supply or system intended for household or
commercial use which does not conform to the construction, bacteriologic
and chemical standards and regulations now or hereafter promulgated
by the Environmental Protection Agency for public water supplies shall
constitute a nuisance.
B.
The
pollution of any well, cistern, spring, underground water stream,
lake, canal or body of water by sewage or industrial waste or other
substance harmful to human beings shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Every privy, privy vault, cesspool or water closet, lagoon,
sewer line, septic tank, sewage treatment device or other receptacle
whatever of human excrement which is in an overflowing, leaking, full,
insecure or defective condition or kept in such condition as to emit
any offensive, noxious or disagreeable odor shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
A.
All
diseased animals running at large shall constitute a nuisance.
B.
The
keeping of animals or fowl in close proximity to residences, schools,
hospitals, public or semi-public buildings, playgrounds, parks and
other public places, except cats or dogs, animals in public or licensed
zoos or animals in laboratories or farm animals shall constitute a
nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Any vehicle used for septic tank cleaning which does not meet
the requirements of general sanitary practices or any vehicle used
for garbage and rubbish disposal which does not meet the requirements
of this Code shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Any and all grading which disturbs the surface of the ground
and which is not properly reseeded and thereby causes erosion or unnatural
drainage of surface water in private or public property shall constitute
a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
A.
Includes
any uncontainerized manmade or man used waste which, if deposited
within the City otherwise than in a litter receptacle, tends to create
a danger to public health, safety and welfare or to impair the environment
of the people of the City. Litter may include, but is not limited
to, any garbage, trash, refuse, confetti, debris, grass clippings
or other lawn or garden waste, newspaper, magazine, glass, metal,
plastic or paper container or other construction material, motor vehicle
parts, furniture, oil, carcass of a dead animal or nauseous or offensive
matter of any kind or any object likely to injure any person or create
a traffic hazard.
1.
Litter spilling from vehicle unlawful — cleanup required.
a.
It shall be unlawful for any person to transport in any vehicle or
by any other means or manner any loose material or articles likely
to shift, fall, spill or be blown about on any public street, alley
or other public way in the City.
b.
In case any of the contents of such vehicle shall become blown or
scattered upon any public street, alley or other public way or place
in the City, the person in charge thereof shall immediately gather
up or cause to be gathered up any such blown or scattered material.
Failure to so do shall constitute a violation of this Section.
2.
Litter collection and storage area required. Every
owner or occupant or lessee of a house or building used for residence,
business or commercial purpose shall maintain litter collection and
storage areas in a clean condition and insure that all litter is properly
containerized. Failure to so maintain a clean litter collection and
storage area shall constitute a violation of this Section.
3.
Securing movable litter. All litter that is subject
to movement by the elements shall be secured by the owner of the premises
where it is found before the same is allowed to be removed by the
elements to adjoining premises.
4.
Unsightly accumulation of litter unlawful. It shall
be the duty of any person owning or controlling a house or other building
or premises, including vacant lots, visible from any public place
or private premises to maintain such premises in a reasonably clean
and orderly manner and to a standard conforming to other orderly premises
in that vicinity. It shall be a violation of this Section to abandon,
neglect or disregard the condition or appearance of any premises so
as to permit it to accumulate litter thereon.
5.
Public places to be kept litter-free. The owner
or person in control of any public place, including, but not limited
to, restaurants, shopping centers, fast-food outlets, stores, hotels,
motels, industrial establishments, office buildings, apartment buildings,
housing projects, gas stations, hospitals and clinics, shall at all
times keep the premises clean of all litter and shall take measures,
including daily cleanup of the premises, to prevent litter from being
carried by the elements to adjoining premises. It shall be a violation
of this Section to abandon, neglect or disregard the conditions or
appearance of such premises so as to permit it to accumulate litter
thereon.
6.
Construction site — owner/contractor responsibility
to containerize litter — removal. The property owners
and the prime contractors, as well as any subcontracts in charge of
any construction site, shall maintain the construction site in such
a manner that litter will be prevented from being carried by the elements
to adjoining premises. All litter from construction activities or
any related activities shall be picked up at the end of each workday
and placed in containers which will prevent litter from being carried
by the elements to adjoining premises. Each contractor shall be responsible
to remove any litter or other debris, including dirt and mud deposited
as a result of a normal construction process, upon any public place
or private premises.
7.
Litter receptacles required — in public places. Every owner, occupant, tenant or lessee using or occupying any public
place shall provide adequate litter receptacles of sizes, numbers
and types as required to contain all litter generated by those persons
frequenting that public place and as specified by the Director of
Public Works or Building Commissioner for all such public places.
[Ord. No. 2795 §1, 7-16-2002; Ord. No. 3413 §1, 8-3-2010]
A.
General. The exterior of a structure shall be maintained
in good repair, structurally sound and sanitary so as not to pose
a threat to the public health, safety or welfare.
B.
Protective Treatment. All exterior surfaces including, but
not limited to, doors, door and window frames, cornices, porches,
trim, balconies, decks and fences shall be maintained in good condition.
Exterior wood surfaces, other than decay-resistant woods, shall be
protected from the elements and decay by painting or other protective
covering or treatment. Peeling, flaking and chipped paint shall be
eliminated and surfaces repainted. All siding and masonry joints as
well as those between the building envelope and the perimeter of windows,
doors and skylights shall be maintained weather resistant and watertight.
All metal surfaces subject to rust or corrosion shall be coated to
inhibit such rust and corrosion and all surfaces with rust or corrosion
shall be stabilized and coated to inhibit future rust and corrosion.
Oxidation stains shall be removed from exterior surfaces. Surfaces
designed for stabilization by oxidation are exempt from this requirement.
C.
Premises Identification. Buildings shall have approved address
numbers placed in a position to be plainly legible and visible from
the street or road fronting the property. These numbers shall contrast
with their background. Address numbers shall be Arabic numerals or
alphabet letters. Numbers shall be a minimum of four (4) inches high
with a minimum stroke width of one-half (½) inch.
D.
Structural Members. All structural members shall be maintained
plumb and free from open cracks and breaks and shall be kept in such
condition so as to prevent the entry of rodents and other pests.
E.
Exterior Walls. All exterior walls shall be free from holes,
breaks and loose or rotting materials and maintained weatherproof
and properly surface coated where required to prevent deterioration.
F.
Roofs And Drainage. The roof and flashing shall be sound,
tight and not have defects that admit rain. Roof drainage shall be
adequate to prevent dampness or deterioration in the walls or interior
portion of the structure. Roof drains, gutters and downspouts shall
be maintained in good repair and free from obstructions. Roof water
shall not be discharged in a manner that creates a public nuisance.
G.
Decorative Features. All cornices, belt courses, corbels,
terra cotta trim, wall facings and similar decorative features shall
be maintained in good repair with proper anchorage and in a safe condition.
H.
Overhand Extensions. All overhang extensions including,
but not limited to, canopies, marquees, signs, metal awnings, fire
escapes, standpipes and exhaust ducts shall be maintained in good
repair and be properly anchored so as to be kept in a sound condition.
When required, all exposed surfaces of metal or wood shall be protected
from the elements and against decay or rust by periodic application
of weather-coating materials such as paint or similar surface treatment.
I.
Stairways, Decks, Porches And Balconies. Every exterior
stairway, deck, porch and balcony and all appurtenances attached thereto
shall be maintained structurally sound, in good repair, with proper
anchorage and capable of supporting the imposed loads.
J.
Chimneys And Towers. All chimneys, cooling towers, smokestacks
and similar appurtenances shall be maintained structurally safe and
sound and in good repair. All exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic
application of weather coating materials such as paint or similar
surface treatment.
K.
Handrails And Guards. Every handrail and guard shall be
firmly fastened and capable of supporting normally imposed loads and
shall be maintained in good condition.
L.
Window, Skylight And Door Frames. Every window, skylight,
door and frame shall be kept in sound condition, good repair and weather-tight.
M.
Insect Screens. During the period from May first (1st) to
October fifteenth (15th), every door, window and other outside opening
required for ventilation of habitable rooms, food preparation areas,
food service areas or any areas where products to be included or utilized
in food consumption are processed, manufactured, packaged or stored
shall be supplied with approved tightly fitting screens of not more
than sixteen (16) mesh per inch and every swinging door shall have
a self-closing device in good working condition.
1.
Exception: Screen doors shall not be required where other approved
means, such as air curtains or insect repellent fans, are employed.
N.
Doors. All exterior doors, door assemblies and hardware
shall be maintained in good condition. Locks at all entrances to dwelling
units, rooming units and guest rooms shall tightly secure the door.
O.
Basement Hatchways. Every basement hatchway shall be maintained
to prevent the entrance of rodents, rain and surface drainage water.
P.
Guards For Basement Windows. Every basement window that
is openable shall be supplied with rodent shields, storm windows or
other approved protection against the entry of rodents.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
All other acts, practices, conduct, business, occupations, callings,
trades, uses of property and all other things detrimental or certain
to be detrimental to the health of the inhabitants of the City of
Sullivan shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
No person owning, leasing, occupying or having charge of any
premises shall maintain or keep any nuisance thereon nor shall any
such person keep or maintain such premises in a manner causing substantial
diminution in the value of the other property in the neighborhood
in which such premises are located.
